Legislation proposing state intervention in Memphis-Shelby County Schools (MSCS) passed its first hurdle in the Tennessee House's K-12 Education Subcommittee Tuesday morning, the Commercial Appeal reports. The bill now moves to the full Education Committee though no date for consideration has been set. The bill, if enacted, would establish a state-appointed board to assume control of school systems in four specific situations: when 30% of student grades are D or F, when the district falls into the bottom 5% of statewide performance, when there is 25% chronic absenteeism rate for students or when a vote of no confidence is taken by the local government body. Sponsor Rep. Mark White, R-Memphis, says he has been working on the proposal for two years and believes the move is in the best fiscal interest of the state due to the amount of money provided to MSCS.

The Tennessee House of Representatives on Monday passed HB0064/SB0472, which would require any educational institutions housing minors overnight to segregate restrooms, changing areas and showers “by immutable biological sex.” Bill sponsor Rep. Gino Bulso, R-Brentwood, told the Nashville Post that the bill aims to protect young girls in Tennessee. The bill passed 74-18 without debate after Leader William Lamberth, R-Portland, made a prevailing motion to put it to an immediate vote. Dahron Johnson, co-chair of the Tennessee Equality Project Nashville, told the Nashville Post that the group is concerned about the bill's vague language and potential for overreach. The Senate Education Committee passed its version of the bill last week. The full Senate is expected to consider the bill on March 20.

The Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court has proposed a new structure for handling the appointment of attorneys in indigent cases. One question that has been raised is why the AOC chose to propose a new system rather than work to raise the hourly rate of compensation. In a recent interview with TBA President Ed Lanquist Jr., AOC staff explained they were encouraged to look at different approaches and be experimental, proactive and forward thinking. In addition to increasing compensation, the proposed plan also is designed to increase the number of attorneys willing to take cases and get those attorneys paid quicker and on a more regular basis. The AOC staff also noted that several states that have raised their hourly rates — in one case, double of what Tennessee pays — still struggle to find enough lawyers to take cases. As part of this plan, the AOC is asking for an additional $17 million in recurring funding, which will allow it to build out the new system and increase compensation — a win for lawyers and the judicial system. Watch the full interview or learn more about the plan and indigent representation in Tennessee.

A bill allowing interest rates to increase at payday lending places is now headed to Gov. Bill Lee's desk, reports News Channel 5. HB775/SB694 would allow for any amount of $100 or more to have an effective borrow rate of 36%. Sponsored by Rep. Dennis Powers, R-Jacksboro, and Sen. Majority Leader Jack Johnson, R-Franklin, the bill passed in the Senate along party lines, but in the House a few Republicans voted against the measure for a breakdown of 61-26-8. One Republican opponent, Rep. Mike Sparks, R-Smyrna, said he opposed the bill for raising interest rates on the working poor. House Majority Leader William Lamberth, R-Portland, said it was time to update state law: "We adjust [the rate] from time to time, to allow those companies to still be able to survive, even though they were taking very high risk loans for folks ... Those companies have to come to us, and prove to us there has to be an adjustment before we’re comfortable raising that limit."

The Tennessee Senate passed SJR25 on Monday, the first step in putting a constitutional amendment on the ballot for voters. The measure would amend the constitution to allow judges to deny bond to suspects accused of committing heinous crimes. Under current law, judges only have authority to decline bail in capital offenses. In advance of the vote, the Tennessee District Attorneys General Conference issued a press release and a resolution in support of the measure, telling Fox17 it is "the singular most important criminal justice bill we have evaluated in over a decade." Opponents of the bill say it will lead to overcrowding in jails and be too costly, and likely will not have an overall impact on crime. The next step is a vote in the House. The House Judiciary Committee approved its version on Feb. 26. If approved by the House, the measure would need to pass again in the 114th General Assembly before being placed on the next gubernatorial ballot. To be adopted by voters, the proposal would have to win a majority of those voting in the governor’s election.

The indigent representation proposal from the Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court is expected to provide a range of benefits. For attorneys, that means getting paid on a more regular basis and having access to training and mentorship opportunities. For judges, that means not having to spend time finding attorneys to take cases. For clients, the plan is expected to lead to less delays for children needing guardian ad litem services and in adoption cases. And for the legal system, the plan is expected to increase the number of attorneys willing to accept appointments and provide new safeguards to protect against misuse of indigency determinations. The TBA applauds the collaborative efforts of the Supreme Court, the AOC and stakeholders in developing and advocating for a new plan for the future. Learn more about the plan and indigent representation in Tennessee.

TBA President Ed Lanquist Jr. was joined by Administrative Office of the Courts (AOC) General Counsel John Coke and Indigent Services Team Lead Attorney Joe Byrd for a conversation about the indigent representation proposal from the AOC on behalf of the Tennessee Supreme Court. The proposal includes a new structure for handling civil appointments and criminal conflicts for clients who are indigent. Under the plan, the Tennessee Supreme Court would establish an “Office of Indigent Conflicts and Civil Counsel,” with oversight by an “Indigent Representation Commission.” The interview directly addresses questions posed by Tennessee attorneys, including those who currently take appointed cases. Among the topics discussed are how, if funded, the program would be implemented and the opportunity to work closely with stakeholders, including local attorneys. Learn more about the plan and indigent representation in Tennessee and watch for our ongoing coverage of this issue.

TBA’s Legislative Updates podcast features TBA attorneys and lobbyists Berkley Schwarz of Pier Strategies LLC, and Brad Lampley and Ashley Harbin of Adams and Reese. In the most recent episode, they discuss several key legislative topics, including SB1052/HB1355, which amends TCA §36-1-102(45)(B) to specify that a biological father who only pays token support will not qualify as a putative father; SB540/HB492, related to custody determinations and child support; SB541/HB906, legislation from the TBA probate study group and its amendment; SB394/HB569, which deals with selecting a settlement agent in real property transactions; SB943/HB1255, which focuses on continuing education for judges involved in child custody cases; and TBA's Day on the Hill. Tune in to the podcast on the TBA website or through this link. And don’t forget to register for TBA's Day on the Hill and the Big Shrimp Reception next week.

A bill that could set deadlines on homeless encampment clearings and the disposal of people’s personal belongings passed the Senate on Thursday. According to the Nashville Banner, the proposal from Sen. Brent Taylor, R-Memphis, is designed to allow the state Department of Transportation (DOT) to enter into individual memoranda of understanding with local authorities to clear encampments in public areas under DOT’s purview. Taylor says the bill was spurred by his months-long struggle to get an encampment cleared in Memphis. Advocates argue the bill may violate personal property rights. While an earlier version included a $64 million fiscal note to store personal effects, the amended bill removes that provision. The bill is now headed to the House Transportation Subcommittee. Rep. Tom Leatherwood, R-Arlington, is sponsoring the House version.

The indigent representation proposal from the Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court addresses a number of challenges in the state's current system. One benefit of the proposal would be eliminating the use of court time to appoint attorneys for these cases. Under the plan, judges would be able to rely on the proposed "Office of Indigent Conflicts and Civil Counsel," which would assume responsibility for appointing lawyers in child welfare cases and criminal cases when the public defender has a conflict. In addition, the proposed "Indigent Representation Commission" would be charged with reviewing, developing and, where possible, implementing procedures to improve accountability and prevent misuse of the system. Learn more about the plan and indigent representation in Tennessee.